労働所有説批判と可想的占有

概要

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Kant criticized so-called labour theory of property, which was advocated by John Locke's "Two Treatises of Government". However Kant's criticism to labour theory was only pointed to the aspect of acquisition of land (ground). This paper gives two reasons for this background. Firstly, Kant divided the object of property into two groups; external thing and internal thing. According to this division, land is purely external thing.So we cannot explain the acquisition of land by labour theory, which starts from the view of internal mine (my body and labour). Secondly, according to Kant, land is regarded as "substance" of things, and other things as "inherence". It means that land is not only the object of private property but also the ground of a public legal system. Dealing with only private property, labour theory of property cannot be applied to original acquisition of land. To the contrary, Kant proposed the basic theory of property as intelligible possession. Though it contains some unclear points, it enables to explain two important faces of land property; private property and public dominion.